Dhanaji Dhondiram Ingawale v. Maharashtra State Cooperative Election Authority And ORS

wp-4221-15-(37)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4221 OF 2015 Dhanaji Dhondiram Ingawale ..Petitioner Vs.

Maharashtra State Co-operative Election Authority & Ors.

..Respondents Mr. S.S.Patwardhan for the Petitioner Mr. Umesh Pawar i/b Mr. T. S. Ingale for the Respondent No.3 Mr. Amit Borkar for the Respondent No.4 Mr. S.D. Rayrikar for the Respondent No.1 CORAM :

R. M. SAVANT, J.

DATE :

29th APRIL, 2015 P.C.

The Writ Jurisdiction of this Court is invoked against the order dated 15-4-2015 passed by the Returning Officer of the Kolhapur District Central Co-operative Bank Ltd, Kolhapur, by which order, the objection to the nomination of the Respondent No.4 was rejected and for which rejection, the authority has observed that no reasons are required to be given. The Learned Counsel appearing on behalf of the Petitioner would contend that since no reasons are given, the order passed by the Returning Officer is vitiated on the said ground. In my view, it is not possible to accept the said contention urged on behalf of the Petitioner having regard to the scheme encompassed in Section 25 of the Maharashtra Co-operative Societies (Election to Committee) Rules 2013, and especially sub Rule (6) thereof, which mmj

wp-4221-15-(37) mandates the reasons to be given only in respect of the rejection of the nomination. On behalf of the Petitioner reliance is sought to be placed on Rule 21 of the said Rules. In my view, the said Rule can hardly said to further the case of the Petitioner. In fact it fortifies the reason mentioned by the Returning Officer in the impugned order as regards the fact that no reasons are required to be given for acceptance of the nomination which can be seen from Rule 21(2) of the said Rule. Hence no case for interference in the Writ Jurisdiction of this Court is made out. The Writ Petition is accordingly dismissed. [R.M.SAVANT, J] mmj